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Tahawwur Rana extradition to India
Context
Tahawwur Hussain Rana, a key conspirator in the 26/11 Mumbai terror attacks that left 166 people dead, has been extradited from the United States to India. He will now face trial in a special National Investigation Agency (NIA) court.
What is Extradition?
- Extradition is the formal process where one country hands over a person to another country so they can be tried or punished for a crime committed there.
- This is usually done through bilateral treaties (agreements between two countries) or multilateral agreements. Without such a treaty, extradition is extremely rare.
- The Ministry of External Affairs (MEA) is the Central Authority in Extradition matters, including processing of extradition requests.
How Do Extradition Treaties Work?
- India has extradition treaties with 48 countries, and non-binding arrangements with 12 more.
- Old treaties listed specific crimes (like murder, terrorism, etc.).
- However, the newer treaties follow the “dual criminality” principle, meaning the act must be a crime in both countries. Treaties also include exceptions, such as:
- Political offences
- Cases not filed in good faith
- Concerns about unfair treatment or rights violations
- India makes a formal request to the country where the person is staying.
- The foreign court reviews the request, based on the treaty, charges, and evidence. If approved, the person can appeal the decision.
- Once all legal routes are exhausted, India can bring the person back.
Why Are Extraditions So Complicated?
- Even with treaties, countries can reject requests using exceptions.
- Legal, political, and diplomatic factors all play a role. Some cases are resolved quickly; others take years.
- Example:
- Tahawwur Rana (accused in 26/11 attacks) — India requested extradition over 10 years ago, approved only in 2023.
- David Headley — another 26/11 accused, cannot be extradited due to a plea deal in the U.S.
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